The Arizona Law Review Online - 2007 - Volume 49 Number 4

CONTENTS of Volume 49 Number 4

ARTICLES

EXIGENCY
Deborah Tuerkheimer

Exigency has, with little notice, become central to judicial interpretations of
both the Fourth Amendment Warrant Clause and the Sixth Amendment
Confrontation Clause—particularly with regard to the policing and prosecution of
domestic violence. In the Fourth Amendment setting, the Court has exhibited a
factually nuanced understanding of the dynamics of abuse—an understanding that
informs its analysis of exigency in domestic violence cases. By contrast, the
Court’s categorical approach to the Confrontation Clause has yielded a view of
exigency that does not accommodate similarly contextualized determinations. The
divergence is striking, and raises the question: why should empirical realities be
understood differently depending on the particular legal framework applied to
them? The answer exposes fundamental flaws in the Court’s interpretation of the
right of confrontation.

MAKING SENSE OF NONSENSE: INTELLECTUAL PROPERTY, ANTITRUST, AND MARKET POWER
Ariel Katz

While the economic rationale for intellectual property (“IP”) rights rests on
the concepts of “monopoly” or “market power,” the Supreme Court, in Illinois
Tool Works v. Independent Ink, has recently joined a “virtual consensus” among
antitrust commentators believing that no presumption of market power should
exist in antitrust cases involving IP. This Article critically analyzes this consensus,
and clarifies the relationship between IP and market power, shows why IP rights
often do confer market power in the antitrust sense, but also explains why
acknowledging this should not necessarily lead to oversized application of
antitrust law to IP.

CULTURAL CONVERGENCE: INTEREST CONVERGENCE THEORY MEETS THE CULTURAL DEFENSE
Cynthia Lee

Defendants who successfully introduce cultural evidence in their defense
have one thing in common - the cultural norms underlying their claims are either
similar to or complement American cultural norms, including retrograde racist and
sexist norms. This Article argues that cultural convergence is one way to
understand these results. Cultural convergence is the idea that the cultural defense
claims of minority and immigrant defendants are more likely to receive
accommodation when there is convergence between their cultural norms and
American cultural norms.

NOTES

CONGRESSIONAL ATTEMPTS TO “STRIKE OUT” STEROIDS: CONSTITUTIONAL CONCERNS ABOUT THE CLEAN SPORTS ACT
Lindsay J. Taylor

Recent allegations of widespread steroid use in professional sports has led to
the introduction of several congressional bills that would require the four major
professional sports leagues in the United States to impose mandatory uniform drug
testing on all athletes. This Note argues that such a law would violate the Fourth
Amendment’s proscription against unreasonable searches and seizures. This Note
also posits that drug testing professional athletes would not lead to decreased
steroid use among teenagers—the desired effect of these bills—and suggests
alternative measures to achieve these goals.

DEPRESSION DISCRIMINATION: ARE SUICIDAL COLLEGE STUDENTS PROTECTED BY THE AMERICANS WITH DISABILITIES ACT?
Elizabeth Wolnick

Recently, college students nationwide have faced suspension after seeking
treatment for suicidal thoughts. The dual aim of these suspensions is to protect the
campus community from harm and the college from liability. However, the
practice of removing severely depressed students raises questions about whether
suspension for these reasons is a violation of federal disability laws. This Note
focuses on the protections and accommodations afforded college students with
mental illness, the potentially discriminatory effect of disciplining these students,
and the college’s liability for violating or adhering to these regulations.

ARIZONA CASE NOTES

KOHL V. CITY OF PHOENIX: CLARIFYING THE SCOPE OF ABSOLUTE MUNICIPAL
IMMUNITY
Meredith K. Marder

GRIFFIS V. PINAL COUNTY: ESTABLISHING WHEN A PUBLIC OFFICIAL’S PERSONAL EMAILS ARE PUBLIC RECORDS SUBJECT TO DISCLOSURE
Lindsay J. Taylor

STATE V. GANT: DEPARTING FROM THE BRIGHTLINE BELTON RULE IN AUTOMOBILE SEARCHES INCIDENT TO ARREST
Holly Wells

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